Shattuck v. Miller
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. P. H. Pepper. & Co., recovered a judgment against Joseph Jacobson, execution was levied on personal property claimed by C. Jacobson, wife of defendant, who gave bond and took possession of the property. Issue was presented, the right of the property tried and judgment for claimant. In the time of the levy, the sheriff had taken a bond to indemnify, with J. N. Miller as surety.
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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. P. H. Pepper. & Co., recovered a judgment against Joseph Jacobson, execution was levied on personal property claimed by C. Jacobson, wife of defendant, who gave bond and took possession of the property. Issue was presented, the right of the property tried and judgment for claimant. In the time of the levy, the sheriff had taken a bond to indemnify, with J. N. Miller as surety. Alter the case was decided in the circuit court, the claimant, C~ Jacobson, brought suit in the justice’s courtjon the bond of indemnity, for damages…
1Opinion of the CourtSlMRALL, J.
A bond of indemnity had been given to the sheriff, who had levied on personal property which was claimed by Mrs. Jacobson. Upon trial of the claimant’s issue, the verdict and judgment was in her favor.
She and her husband then brought suit before the justice of the peace, on the indemnifying bond given to the sheriff (which was in the penalty of $500), for the illegal levy on her property, and damages for its detention. She recovered sixty-five dollars. The defendant appealed to the circuit court. A motion had been made by Miller, the defendant, in the justice’s court, to dismiss the suit,…
2Cases cited1 opinion
- City of Natchez v. VanderveldeMississippi Supreme Court · 1856
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- Hartwell Handle Co. v. JackMississippi Supreme Court · 1928
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